Commonwealth v. Simon

**861A jury convicted the defendant, Wally Jacques Simon, of murder in the first degree on a theory of felony-murder **862for the killing of Christopher Barbaro (Christopher).1 We consolidated the defendant's direct appeal with his appeal from the denial of his motion for a new trial. On appeal, the defendant contends that he received ineffective assistance of counsel; the prosecutor improperly shifted the burden of proof during cross-examination of a witness for the defendant; and the double jeopardy clause of the Fifth Amendment to the United States Constitution was violated when he was…